SHIB DHAN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) In this petition under Article 226/227 of the Constitution, Shib Dhan and 9 other right-holders have challenged the validity of the order passed by the Superintending Canal Officer on 21st of March, 1967 in the exercise of his revisional jurisdiction under sub-section (3) of section 30-B of the Northern India Canal and Drainage Act, 1873 (hereinafter called "the Act").

(2.) The petitioners, who are residents of Mandhana, Tehsil Hansi, desired that on account of enmity with Ram Chand and Tara Chand, respondents 3 and 4, respectively of the same village some separate arrangement should be made for the supply of water to their fields. They did not want that their fields and those of respondents 3 and 4 should continue to be served by the same distributary described as R.D. 26660-R. There was another distributary described as R.D. 28125-R and the petitioners desired that their fields should be served through this channel. In the proposal which was sent by the Divisional Canal Officer under the provisions of the Act, the petitioners and respondents 3 and 4 were to receive water for their fields from R.D. 26660R. In revision, the Superintending Canal Officer revised the scheme submitted to him for approval by the Divisional Canal Officer to change the course of distributary R.D. 28125-R from the point "C" described in the plan filed with the petition. From point "C" the channel was to take a somewhat circuitous route to serve the fields of the various right-holders including the petitioner.

(3.) The petitioners in these proceeding's have challenged the legality and propriety of the order which has been made by the Superintending Canal Officer. It is first contended by Mr. Mittal, the learned counsel for the petitioners that the scheme submitted by the Divisional Canal Officer actually emanated from the subordinate functionaries of the Department and this is in contravention of the provisions of the Act. Under section 30A it is the Divisional Canal Officer, who "may, on his own motion or on the application of a share-holder, prepare a draft scheme to provide for all or any of the mattes, namely :-